Federal Register / Vol. 58, No. 127 / Tuesday, July 6, 1993 / Proposed Rules

IV. Procedural Determination

Executive Order 12291

On July 12, 1984, the Office of

Management and Budget (OMB) granted

OSM an exemption from sections 3,4,

7 and 8 of Executive Order 12291 for

actions related to approval or

conditional approval of State regulatory

programs, actions and program

amendments. Therefore, preparation of

a regulatory impact analysis is not

necessary and OMB regulatory review is

not required.

Executive Order 12778

The Department of the Interior has

conducted the reviews required by

section 2 of Executive Order 12778 and

has determined that, to the extent

allowed by law, this rule meets the

applicable standards of subsections (a)

and (b) of that section. However, these

standards are not applicable to the

actual language of State regulatory

programs and program amendments

since each such program is drafted and

promulgated by a specific State, not by

OSM. Under sections 503 and 505 of

SMCRA (30 U.S.C. 1253 and 1255) and

30 CFR 730.11, 732.13 and

732.17(h)(10), decisions on proposed

State regulatory programs and program

amendments submitted by the States

must be based solely on a determination

of whether the submittal is consistent

with SMCRA and its implementing

Federal regulations and whether the

other requirements of 30 CFR parts 730,

731, and 732 have been met.

National Environmental Policy Act

No environmental impact statement is

required for this rule since section

702(d) of SMCRA (30 U.S.C. 1292(d)]

provides that agency decisions on

proposed State regulatory program

provisions do not constitute major

Federal actions within the meaning of

section 102(2)(C) of the National

Environmental Policy Act, 42 U.S.C.

4332(2)(C).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by the Office of

Management and Budget under the

Paperwork Reduction Act, 44 U.S.C.

3507 et seq.

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq). The State submittal

which is the subject of this rule is based

upon counterpart Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Hence, this rule will ensure that existing

requirements previously promulgated

by OSM will be implemented by the

State. In making the determination as to

whether this rule would have a

significant economic impact, the

Department relied upon the data and

assumptions for the counterpart Federal

regulations.

List of Subjects in 30 CFR Part 935:

Intergovernmental relations, Surface

mining, Underground mining.

Dated: June 28, 1993.

Carl C. Close,

Assistant Director. Eastern Support Center.

[FR Doc. 93-15850 Filed 7-2-93; 8:45 aml

BILLN COOE 4so-o"

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 372

(OPPTS-400073; FRL-4182-31

Glycol Ethers Category; Toxic

Chemical Release Reporting;

Community Right-To-Know

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to redefine

the glycol ethers category on the list of

toxic chemicals subject to reporting

under section 313 of the Emergency

Planning and Community Right-toKnow Act of 1986 (EPCRA). EPA is

proposing to change the present

definition of the glycol ethers category

to exclude the high molecular weight

glycol ethers that do not, in EPA's

judgement, meet the criteria set out in

EPCRA section 313(d). The proposed

definition would retain in the category

all glycol ethers that are known to or

may be reasonably anticipated to cause

adverse human health effects. The

proposed redefinition of the glycol

ethers category is based on EPA's review

of available human health data on short

chain length glycol ethers. EPA believes

that the category can be redefined to

exclude the surfactant glycol ethers. The

Agency also believes it may be

appropriate to further narrow the

definition beyond this exclusion of

surfactants. However, based on current

data, EPA is not able to establish a

molecular "size" or weight above which

there are no concerns for adverse effects

on human health.

DATES: Written comments on this

proposed rule must be received by

September 7, 1993.

ADDRESSES: Written comments should

be submitted in triplicate to: OPPT

Document Control Officer, TSCA

Nonconfidential Information Center

(NCIC), also known as, TSCA Public

Docket Office, TS-790, Environmental

Protection Agency, E-0G99, 401 M St.,

SW., Washington, DC 20460, Attn:

Docket Number OPPTS-400073.

FOR FURTHER INFORMATION CONTACT:

Maria J. Doa. Petitions Coordinator,

Emergency Planning and Community

Right-to-Know Information Hotline,

Environmental Protection Agency, Mail

Stop OS-120, 401 M St., SW..

Washington. DC 20460, Toll free: 800-

535-0202, Toll free TDD: 800-553-

7672.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Statutory Authority

This action is issued under section

313(d) of the Emergency Planning and

Community Right-to-Know Act of 1986

(42 U.S.C. 11023. "EPCRA"). EPCRA is

also referred to as Title III of the

Superfund Amendments and

Reauthorization Act (SARA) of 1986.

B. Background

Section 313 of EPCRA requires certain

facilities manufacturing, processing, or

otherwise using toxic chemicals to

report their environmental releases of

such chemicals annually. Beginning

with the 1991 reporting year, such

facilities also must report pollution

prevention and recycling data for such

chemicals, pursuant to section 6607 of

the Pollution Prevention Act (42 U.S.C.

13106). Section 313 established an

initial list of toxic chemicals that was

comprised of more than 300 chemicals

and 20 chemical categories. Section

313(d) authorizes EPA to add or delete

chemicals from the list, and sets forth

criteria for these actions. Under section

313(e), any person may petition EPA to

add chemicals to or delete chemicals

from the list. EPA has both added

chemicals to, and deleted chemicals

from, the original statutory list.

EPA issued a statement of petition

policy and guidance in the Federal

Register of February 4, 1987 (52 FR

3479), to provide guidance regarding the

recommended content and format for

petitions. On May 23, 1991 (56 FR

23703), EPA published guidance

regarding the recommended content of

petitions to delete individual members

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of the section 313 metal compound

categories.

II. Description of the EPCRA Section

313 Glycol Ethers Category

When Congress enacted EPCRA,

including the original list of chemicals

subject to section 313 reporting, the

glycol ethers category was included on

the list with no clarification as to how

that category should be defined. In

developing the proposed and final rules

implementing section 313 of EPCRA,

EPA refrained from making revisions to

the list of chemicals subject to section

313 (53 FR 4500, February 16, 1988).

However, it was clear that definitions of

certain categories were necessary. At the

time, the EPCRA glycol ethers category

was defined to be consistent with a

project that was defining the glycol

ethers boundaries under the Toxic

Substances Control Act (TSCA) (15

U.S.C. 2601). The current definition

follows:

R-(OCH2CH2o-OR'

Where: R= Alkyl (straight or branched

chain) or aryl (phenyl or alkyl

substituted phenyl)

R= R. H, or other group which can be

reacted to yield "H"

n=1,2,or3

The "R" groups consist only of carbon

and hydrogen chains. The degree of

ethoxylation (-OCH2CH-) is described

by the group within the parentheses

where "n" dictates the number of times

the ethoxy group repeats. The "R"

group is any group that can be removed.

At the time the category was defined,

a limit on the size of the attached alkyl

group could not be made based on the

available information.

The current EPCRA section 313 glycol

ethers category definition include nonionic surfactants (high molecular weight

glycol ethers) with a glycol ether

moiety. Non-surfactant glycol ethers are

generally recognized as having shortchain R groups and low degrees of

ethoxylation (n less than 4). Glycol ether

surfactants, however, can have large R

groups as well as a large degree of

ethoxylation. Where non-surfactant

glycol ethers are generally produced as

a single chemical entity, glycol ether

surfactants are usually mixtures of

chemical substances containing a range

of R groups and varying degrees of

ethoxylation (i.e., R = Co to Cis; n

averages 8). Low molecular weight glycol others are used as general

solvents, while glycol ether surfactants

are used to solubilize oil-based

chemicals into water solutions.

Under section 313, glycol ethers are

currently defined to include chemicals

which fit the above generic structure

where "n" (or the degree of

ethoxylation) is three or less. No size

restriction was placed on the alkyl chain

length. There is general agreement

within EPA and in the regulated

community on the difference between

glycol ether surfactants and glycol ether

solvents, with respect to both their

structure and use.

Many glycol ether surfactants are

manufactured as mixtures. The

components of these mixtures have the

same pendant alkyl, aryl, or alkyl

substituted aryl (i.e., R in the definition

given above) but have varying degrees of

ethoxylation (i.e., (CH2-CH2O)., where n

=1 tox).

Under TSCA, these glycol ether

surfactant mixtures are considered as a

single glycol ethers entity for purposes

of the TSCA section 8(b) Inventory. In

contrast, under section 313 of EPCRA,

these surfactants have been considered

as mixtures of glycol ethers. Only those

glycol ether components of the mixture

with one, two, or three ethoxy groups

meet the EPCRA section 313 glycol

ether definition. The difference in how

glycol ethers are treated under TSCA

and EPCRA may have resulted in underreporting releases of surfactant glycol

ethers under EPCRA section 313.

In evaluating the current scope of the

glycol ethers category, EPA believes that

changing the definition will: (1)

Eliminate reporting of surfactants that

do not meet the EPCRA section 313(d)

criteria, and (2) reduce considerably the

number of glycol ethers that would meet

the proposed definition and be

reportable under EPCRA.

MI. EPA's Proposed Category Definition

EPA has evaluated the current scope

of the section 313 glycol ethers category

and believes that it may be overly broad.

The category includes substances that

the industry does not consider to be

glycol ethers. Also, it is apparent that

this category contains members that do

not meet the criteria for lsting

The current section 313 glycol ethers

category can be viewed as consisting of

three gro ups:

(1) Low molecular weight glycol

ethers that are known to cause blood,

developmental, and reproductive effects

in animal studies and meet the criteria

in section 313(d}{2}{A) and (B).

(2) High molecular weight glycol

ethers (typically surfactants) that are not

expected to meet the criteria for listing.

(3) Glycol ethers which may be of concern based on structure activity

relationships with the low molecular

waht glycol ethers. Th rigulated community has lon

claimed that the high molecular weight

glycol ether surfactants are not glycol

ethers, do not exhibit adverse health

effects of the low molecular weight

glycol ethers, and should not be subject

to the reporting requirements of EPCRA

section 313. In addition, industry also

believes that there are chemicals in

group three listed above that are not

toxic to humans or the environment,

and should not be subject to the

reporting requirements of section 313.

EPA has reviewed the current glycol

ethers category and believes the

category can be redefined to exclude the

surfactant glycol ethers (group two

above). However, it does not appear that

it can be more narrowly defined at this

time.

EPA is proposing that the following

formula be used to determine if a

compound is included in the glycol

ethers category:

R - (OCH2CHA2) - OR'

Where: n = 1, 2, or 3

R = alkyl C7 or less

or R = phenyl or alkyl substituted

phenyl

W = H or alkyl C7 or less

or carboxylic acid ester (for example.

acetate).

sulfate,

phosphate,

nitrate, or

sulfonate.

IV. EPA's Review of Glycol Ethers

A. Human Health Effects

Low molecular weight glycol ethers

(group one above) are known to cause

various adverse human health effects

and, thus, meet the requirement for

listing under section 313(d)(2)(A) and

(B) based on their potential toxicity.

Most of the available human health data

on glycol ethers is based on animal

testing of the short-chain length glycol

ethers (e.g., ethylene glycol

monomethylether) (Ref. 2). Data indicate

that as the molecular weight (or the

length of the pendant alkyl chain)

increases, the human health effects

associated with glycol ethers decrease.

While It may be recognized that the

higher molecular weight glycol ethers

may be of low concern for human health

effects, there are not sufficient data to

establish a size or molecular weight at

which point these effects are no longer

likely to occur.

EPA has reviewed the literature for

the glycol ethers for metabolism,

developmental toxicity, reproductive

toxicity, and general systemic toxicity,

particularly blood effects (Refa. I and 2).

Specifically, short-chain ethylene glycol

hrs, that is an alkyl chain length of

one to four, are absorbed by all routes

and have caused irritation of skin, eyes

and mucous membranes; hemolysis,

bone-marrow damage, and leukopena

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of both lymphocytes and granulocytes;

direct and indirect kidney damage; liver

damage, and central nervous system (CNS) depression. The systemic toxicity

of long-chain glycol ethers is a matter of

uncertainty. Data have not been found

on long-chain glycol ethers, that is those

glycol ethers with an alkyl chain length

greater than six carbons.

Recently the Agency received two

epidemiology studies under section 8(e)

of TSCA (Refs. 7 and 8). These studies

appear to link some ethylene glycol

ethers and derivatives with miscarriages

in exposed workers. This is similar to

reproductive effects seen in animal

studies. All the chemicals identified in

these two studies fit the proposed

category definition.

With respect to the glycol ethers and

developmental effects, there is evidence

that the toxicity is reduced going from

the methyl to butyl ether, and that it is

reduced going from the ethylene glycol

to the triethylene glycol (Ref. 4). Test

results support the hypothesis that

increasing the alkyl chain length

reduces the developmental toxicity. Standard developmental toxicity

studies of ethylene glycol monohexyl

ether in F344 rats and New Zealand

White rabbits show evidence of

maternal toxicity after exposure to 41.1

and 79.2 parts per million (ppm). There

is no evidence of developmental toxicity

(Refs. 4 and 5). However, data on glycol

ethers with pendant alkyl groups of one

to six carbons do not indicate that for

maternal toxicity there is a trend based

on chain length. Based on test data, EPA concludes

that there is significant concern for

acute and chronic human health effects

where the chain length is in the one to

four carbon range. For glycol ethers in

which R is five to seven carbons, there

is sufficient evidence to establish that

adverse human health effects can be

reasonably anticipated to occur. Thus,

the continued listing of these glycol

ethers is warranted (Ref. 4). There are no

data that indicate that glycol ethers with

pendant alkyl chains of eight or more

carbons can reasonably be anticipated to

cause adverse effects in humans.

2-Phenoxyethanol is known to cause

hemolysis. No data have been found on

alkyl substituted phenoxyethanol

derivatives. EPA is requesting comment

on limiting the size of the alkyl group

for alkyl substituted phenyl glycol

ethers.

For the foregoing reasons, EPA

believes that there is insufficient

evidence to establish that long-chain

glycol ethers (greater than or equal to

eight carbons) can reasonably be

anticipated to cause adverse acute or

chronic human health effects, and hence

do not meet the criteria for listing under

section 313(d)(2)(A) or (B). However,

EPA believes that the low molecular

weight glycol ethers do meet the listing

criteria under section 313(d)(2)(A) and

(B).

B. Environmental Effects

None of the alkylethoxylates which fit

the gly col ethers category:

R - (OCH2CH 2) - OR

where R' = H, or other group which

can be reacted to yield "H", R generally

equal to alkyl, aryl, or alkyl substituted

aryl, and n = 1 to 3, have acute or

chronic toxicity values for aquatic

organisms equal to or less than 0.100

milligram per liter (mg/L) (ppm) (Ref. 3).

Tridecyloxyethanol is predicted to be

the most toxic, based on the structure

activity relationship of the neutral

organic chemicals. The acute toxicity

value is predicted to be 0.24 mg/L and

the chronic toxicity value would be

0.024 mg/L. None of the compounds in the current

glycol ethers category meet the

requirement for listing under section

313(d)(2)(C) based on their potential

ecotoxicity.

C. Environmental Fate

EPA believes that the EPCRA section

313 glycol ether definition should be

limited to the two following groups of

glycol ethers: (1) Those glycol ethers

that upon removal of readily

hydrolyzable R' groups (e.g. acetate)

yield the monoalkyl, monophenyl, or

monoalkylphenyl glycol ether of the

following structure:

Structure 1

R - (OCH2OCH 2), -OH

where R is either an alkyl moiety of

seven or fewer carbons, phenyl, or alkyl

substituted phenyl; and (2) glycol ethers

of the following structure:

Structure 2

R - (OCH2OCH2), - 0 -W

where R is either an alkyl moiety of

seven or fewer carbons, phenyl, or alkyl

substituted phenyl and R' is an alkyl

moiety of seven or fewer carbons.

Group 1 glycol ethers. EPA believes

that, for this group of glycol ethers, R'

be defined as those groups that can be

hydrolyzed under environmental or

gastric conditions to yield structure 1

shown above. EPA proposes that R'

include the following readily

hydrolyzable groups: carboxylic acid

ester, phosphate, sulfate, nitrate, and

sulfonate. EPA requests comment on

what other hydrolyzable groups should

be included in the definition of R'. EPA

requests comment on any limitations

that should be applied to R' equal

carboxylic acid ester.

Group 2 glycol ethers. EPA believes

that for this group of glycol ethers R' be

defined as an alkyl moiety of seven or

fewer carbons. As ethoxy groups are

expected to degrade anaerobically and

aerobically more readily than branched

alkyl groups, the Agency requests

comment on whether R' should be

limited to straight chain hydrocarbons

of seven or fewer carbons.

V. Rationale for Redefinition

EPA's concerns for these chemicals is

based on a review of available human

health data on short-chain length glycol

ethers. None of the chemicals in the

current glycol ethers category meet the

toxicity criteria of section 313(d)(2)(C)

based on their ecotoxicity. EPA believes

that the category can be redefined to

exclude the surfactant glycol ethers.

These high molecular weight glycol

ethers do not meet the listing criteria in

section 313(d)(2)(A) or (B). The Agency

believes it may be appropriate to further

narrow the definition beyond this

exclusion of surfactants. However,

based on current data the Agency is not

able to establish a molecular "size" or

weight above which there are no

concerns for acute or chronic human

health effects.

VI. Regulatory Status

Glycol ethers are also listed as a

category of "hazardous air pollutants"

(HAP) under section 112(b) of the Clean

Air Act (CAA), 42 U.S.C. section 7412(b)

as amended, and, by virtue of their

status as HAPs under the CAA, as

"hazardous substances" under section

10i(14) of the Comprehensive

Environmental Response, Compensation

and Liability Act (CERCLA), 42 U.S.C.

section 9601(14). The current definition

of the glycol ethers category is identical

under the CAA, CERCLA, and EPCRA.

This proposal only affects the definition

of the glycol ethers category under

section 313 of EPCRA, set out in 40 CFR

372.65(c). However, the Agency's Office

of Air and Radiation intends to propose

to redefine the scope of the glycol ethers

category listing under section 112(b) of

the CAA in a manner consistent with

this proposal in the near future.

VIL Rulemaking Record

The record supporting this proposed

rule is contained in the docket number

OPPTS-400073. All documents,

including an index of the docket, are

available in the TSCA Nonconfidential

Information Center (NCIC), also known

as, TSCA Public Docket Office from 8

a.m. to noon and 1 p.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. NCIC is located at EPA

Headquarters, Rm. E-G102, 401 M St.,

SW., Washington, DC 20460.

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VIII. Request for Public Comment

EPA requests comment on this

proposal to modify the EPCRA section

313 glycol ethers category. Specifically.

EPA requests comment on its proposed

definition of R': (1) What chemical

functionalities that readily come off

either in vivo or in the environment

other than those listed above in Unit III

of this preamble should be included as

R'; and (2) should the definition of R'

include only straight chained alkyl

groups of seven or fewer carbons or both

straight and branched alkyl groups of

seven or fewer carbons.

EPA requests comment on limits to

the alkyl group in alkyl substituted

phenoxy glycol ethers. Particularly, EPA

requests data that would support the

limitation on the size of this alkyl

group.

Comments should be submitted to the

address listed under the ADDRESSES

unit at the beginning of this document.

All comments must be received by EPA

on or before September 7, 1993.

IX. References

(1) USEPA, OPTS, HERD. 1991a.

Review of Metabolism of Longchain

Glycol Ethers. Memorandum from L. C.

Keifer to R. A. Jones, HERD, March 29,

1991.

(2) USEPA, OPTS, HERD. 1991b.

Overview of Systemic Toxicity of Glycol

Ethers. Memorandum from J. J. Murphy

to R. A. Jones, HERD, April 16, 1991.

(3) USEPA, OPTS, HERD. 1990.

EPCRA 313 Glycol Ethers Category.

Memorandum from M. Zeeman to M.

Townsend, HERD, November 21, 1990.

(4) USEPA, OPTS, HERD. 1991c.

Comments on Glycol Ether Definition.

Memorandum.

(5) USEPA, OPTS, HERD. 1991cL

Additional Comments on Glycol Ethers.

Memorandum.

(6) USEPA, OPPTS, ETD. 1992.

Economic Report in Support of an

Agency Action to Redefine Glycol

Ethers in the SARA Section 313 List of

Toxic Chemicals. June 23, 1992. pp. 1-

17.

(7) IBM, September 15. 1992. Letter to

USEPA Concerning Ongoing

Epidemiology Study at Two Semiconductor Manufacturing Facilities.

(8) SIA, November 30, 1992.

Epidemiology Study Report Conducted

at Fourteen Semi-conductor

Manufacturing Facilities.

X. Regulatory Assessment

Requirements

A. Executive Order 12291

Executive Order (E.O.) 12291 requires

each Federal agency to classify as "majoR" any rule likely to result in:

(1) An annual effect on the economy

of $100 million or more; or

(2) A major increase in costs or prices

for consumers, individual industries,

Federal, State, or local government

agencies, or geographic regions; or

(3) Significant adverse effects on

competition, investment, productivity,

innovation, or on the ability of United

States-based enterprises to compete

with foreign-based enterprises in

domestic and export markets.

EPA's economic analysis estimates

that under the proposed definition up to

90 percent of the glycol ethers would no

longer be reportable. The savings to

industry would range between $540,000

and $745,000. Small businesses are not

expected to be adversely affected by this

proposal since the rule would increase

the likelihood that they would not be

required to report glycol ether releases

(Ref. 6). EPA anticipates that this

proposed redefinition will not have a

significant effect on competition and

will significantly decrease costs.

Therefore, EPA has determined that this

proposed rule is not "major."

B. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980

requires each Federal agency to perform

a Regulatory Flexibility Analysis for all

rules that are likely to have a

"significant impact on a substantial

number of small entities."

40 CFR part 372 exempts certain

small businesses (specifically, those

facilities with fewer than 10 full-time

employees) from reporting. This

exclusion exempts about one-half of all

manufacturing facilities in Standard

Industrial Classification (SIC) codes 20

through 39 from section 313 reporting.

Additionally, facilities which

manufacture or process less than 25,000

pounds or otherwise use less than

10,000 pounds of these chemicals

annually are not required to report for

these chemicals. Thus, many small

facilities will not incur any regulatory

costs in association with this proposed

rule. Small businesses are not expected

to be adversely affected by this

proposal, since the rule would increase

the likelihood that they would not be

required to report glycol ether releases.

Therefore, EPA concludes that this

proposed rule is not likely to

significantly impact small entities.

C. Paperwork Reduction Act

OMB has approved the information

collection requirements contained in

this rule under the provisions of the

Paperwork Reduction Act, 44 U.S.C.

3501 et seq., and has assigned OMB

control number 2070-0093.

The public reporting burden for

collection of information under section

313 is estimated to average 43 hours per

response, including time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

This proposal would reduce the number

of responses required, thus reducing

overall burden.

Send comments regarding the burden

estimate or any other aspect of this

collection of information, including

suggestions for reducing this burden, to

Chief, Information Policy Branch, PM223, U.S. Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460; and to the Office of

Information and Regulatory Affairs,

Office of Management and Budget, 726

Jackson Place NW., Washington, DC

20503, marked "Attention: Desk Officer

for EPA."

List of Subjects in 40 CFR Part 372

Community right-to-know,

Environmental protection, Reporting

and recordkeeping requirements, Toxic

chemicals.

Dated: June 28, 1993.

Susan H. Wayland,

Acting Assistant Administratorfor

Prevention, Pesticides and Toxic Substances.

Therefore it is proposed that 40 CFR

part 372 be amended to read as follows:

PART 372-[AMENDED]

1. The authority citation for part 372

would continue to read as follows:

Authority: 42 U.S.C. 11013 and 1102.8.

2. In § 372.65(c) by revising the

category, glycol ethers to read as

follows:

§372.65 Chemicals and chemical

categories to which the part applies. * * * * *

(c) * * *

Category name Effective date

Glycol Ethers ............................. 1/1/94

R - (OCH2CH2). - OR'

Where: n = 1.2, or 3

R = alkyl C7 or less

or R = phenyl or alkyl substituted phenyl

R' - H or alkyl C7 or less

or carboxylic acid ester

sulfate

phosphate

nitrate

suffonate

-• -

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[FR Doc. 93-15861 Filed 7-2-93; 8:45 am)

BILLING CODE 660-60-F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 93-177; FCC 93-315]

AM Directional Antennas

AGENCY: Federal Communications

Commission.

ACTION: Notice of inquiry.

SUMMARY: The action being taken in this

item is an inquiry into the policies and

procedures governing proof-ofperformance evaluations of antennas in

the AM Radio Service. This action is

necessary in order to determine what, if

any, modifications would be

appropriate to make to these policies

and procedures in light of new

technologies now available for such

evaluations. The intended effect of the

inquiry is to make AM antenna

evaluations more accurate and,

simultaneously, remove any

unnecessary measurement burdens and/

or expenses.

DATES: Comments due on or before

August 20, 1993 and reply comments

due on or before September 7, 1993.

FOR FURTHER INFORMATION CONTACT:

Joseph M. Johnson, Mass Media Bureau,

Engineering Policy Branch, (202) 632-

9660.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission's Notice of

Inquiry in MM Docket 93-177 adopted

June 14, 1993 and released on June 29,

1993. The complete text of the Notice of

Inquiry is available for inspection and

copying during normal business hours

in the FCC Reference Center, room 239,

1919 M St. NW., Washington, DC and

may be purchased from the

Commission's copy contractor, ITS, Inc.,

(202) 857-3800, 2100 M St. NW.,

Washington, DC 20037.

Synopsis of Notice of Inquiry

1. A petition for rulemaking was

submitted by the technical consulting

firms duTreil, Lundin & Rackley, Inc.;

Hatfield & Dawson Consulting

Engineers, Inc.; Lahm, Suffa & Cavell,

Inc.; Moffet, Larson & Johnson, Inc.; and

Silliman & Silliman requesting that the

Commission initiate an inquiry into the

policies and rules governing

performance verification of AM Radio

Service directional antenna arrays. Such

arrays typically consist of two or more

towers which are fed power from the

AM station transmitter so as to direct

the signal towards desired service areas

and away from areas in which

interference with other stations might

occur. A proof of performance for a

directional array involves actual

measurements of antenna currents and

other array parameters, and may

necessitate adjustments to the array to

bring it within the provisions of the

Commission's rules and the terms and

conditions specified on the station

license.

2. The genesis of the Commission's

regulatory structure for such arrays is

the former Standards of Good

Engineering Practice, dating from 1939.

Although the Commission's rules

governing AM arrays have been

amended many times in the interim, no

systematic reevaluation has taken place.

Petitioners argue that the time for such

a reevaluation has now arrived as a

result of the development of numerous

powerful computer models which

calculate array patterns and other array

parameters, and also because many AM

arrays are now located in urban and

suburban areas where measurement of

array patterns is difficult and expensive.

3. The Commission concurs with

Petitioner's arguments, especially in

light of the recent adoption of MM

Docket 87-267, which restructured the

AM Service and made available new

frequencies directly above the current

AM band edge. As commenters in that

proceeding noted, misadjustment of AM

directional arrays was a major

contributing cause of high interference

levels in the current band and proper

adjustment of any directional arrays

licensed in the new band would be very

important. For this reason, and because

the Commission's regulations have not

been comprehensively evaluated in light

of recent technological developments, it

would now be appropriate to initiate a

Notice of Inquiry into this matter.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Dec. 93-15829 Filed 7-2-93; 8:45 am]

BILLING CODE 6712-01-U

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; 90-Day Finding on and

Commencement of Status Review for a

Petition to List the Sacramento Splittail

and Longfin Smelt

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of petition finding.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) announces a 90-day

finding on a petition to list the

Sacramento Splittail (Pogonichthys

macrolepidotus) and longfin smelt

(Spirinchus thaleichthys) under the

Endangered Species Act of 1973, as

amended (Act). The petition has been

found to present substantial information

indicating the requested action may be

warranted. Through issuance of this

document, the Service is commencing a

formal review of the status of these

species.

DATES: The finding announced in this

document was made on June 24, 1993.

Comments and materials related to this

petition finding may be submitted to the

Field Supervisor at the address below

until further notice. All comments and

materials should be submitted at the

earliest possible date to ensure their use

in the final decision.

ADDRESSES: Data, information,

comments, or questions concerning the

status of the petitioned species

described below should be submitted to

the Field Supervisor, Sacramento Field

Office, Fish and Wildlife Service, 2800

Cottage Way, room E-1803, Sacramento,

California 95825-1846. The petition,

finding, supporting data, and comments

are available for public inspection, by

appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT:

Nadine R. Kanim at the above address

(916/978-4866).

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(A) of the Endangered

Species Act of 1973, as amended (16

U.S.C. 1533), requires that the Service

make a finding on whether a petition to

list, delist, or reclassify a species

presents substantial scientific or

commercial information indicating tnat

the petitioned action may be warranted.

To the maximum extent practicable, this

finding, is to be made within 90 days of

the receipt of the petition, and the

finding is to be published promptly in

'36184

HeinOnline -- 58 Fed. Reg. 36184 1993